Propiedad intelectual en la era de la IA

The article addresses the legal uncertainty surrounding intellectual property when creative works are generated by artificial intelligence. It argues that traditional copyright frameworks, which protect human authors, are inadequate for autonomous AI outputs. Since algorithms operate based on data and pre-programmed logic rather than biological life or conscious intent, they cannot hold legal personality or authorship rights. This creates a dilemma regarding who holds the title to such works and who bears responsibility for their potential misuse. The core conclusion is that ownership and liability must rest with the human developers and legal entities that create and deploy these algorithms. The author asserts that AI remains a tool shaped by human design, meaning the creators retain the rights to the resulting works just as they do with any other software product. Attributing authorship to the machine is legally untenable; therefore, the programmers and corporations behind the technology are the rightful stakeholders, ensuring a clear chain of accountability for both benefits and damages caused by AI-generated content. This discussion is vital to open data because it impacts how training datasets are sourced and used. If AI systems are viewed as mere extensions of their developers, it reinforces the need for developers to respect the intellectual property of original data creators who contributed their works to AI training sets without explicit permission. Establishing these legal boundaries ensures that open data initiatives do not inadvertently infringe on existing rights, promoting a sustainable ecosystem where technological innovation coexists with the protection of original human creativity.

Source: iprofesional.com
Published on 2023-06-24

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